Dawson v. Vickery

Citations

• 150 Ill. 398
• 37 N.E. 910

Syllabus

<p>1. Fraud — setting aside deed obtained by fraud. Where the consideration of a deed for land is the sale of a stallion, which was represented by the seller to be about the age of eleven years and a sure foal-getter, when, in truth, such horse was more than nineteen years-old and entirely worthless as a foal-getter, and of no value for any purpose, and the purchaser, on learning that the horse was worthless, notified the seller that the horse was subject to his order, it -was held,. that a court of equity would set aside the deed for the fraud of the-grantee, and that the deed was without consideration.</p> <p>2. Same — damages recoverable on rescinding sale for fraud. The buyer of chattel property which proves to be worthless has not the right to keep it an indefinite time after discovering the -fraud practiced on him, and recover from the seller the expense of taking care of it. For such a breach of a contract the buyer must act with reasonable promptness, and can only recover such damages as he thereby sustains.</p> <p>3. A decree found that the sale of a stallion was effected by false and fraudulent representations of the seller as to the age and qualities of the animal, which was entirely worthless, and that the'buyer, immediately on learning that the horse was worthless, notified the seller that the horse was at the purchaser’s stable subject to the seller’s order, and that the latter refused to take it away, and the buyer kept such horse from May 10,1889, to July 10,1890, and that the care and expense-of keeping the animal for such period was reasonably worth $222.50, which the seller was decreed to pay the buyer: Held, that the decree as to the damages required to be paid by the seller was erroneous, and not sustained by the facts found therein.</p> <p>4. Gross-bidl — whether germane to the original bill. On bill to foreclose a mortgage, in which a subsequent purchaser of the premises is made a party defendant, a cross-bill by the mortgagor, seeking to have